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Resolution No. 2022-045RESOLUTION NO. 2022-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPOINTING TODD W. DUSENBERRY TO SERVE AS GENERAL MANAGER OF PUBLIC UTILITIES OF THE CITY OF VERNON AND APPROVING AND AUTHORIZING THE EXECUTION OF A RELATED AT-WILL EMPLOYMENT AGREEMENT SECTION 1. Recitals. A. Following the announcement of the October 19, 2022 retirement of the existing General Manager of Public Utilities, the Human Resources Department initiated a recruitment process to fill the anticipated vacancy. B. The Human Resources Department created an executive recruitment brochure for the position (attached hereto as Exhibit A) and conducted a broad and extensive recruitment that included multiple screenings and interviews of numerous applicants. C. The City Council conducted final interviews of the two highest ranking candidates at its regular City Council meeting on December 6, 2022. D. The City Administrator recommended Todd W. Dusenberry (Dusenberry) to the City Council of the City of Vernon as the most qualified candidate and initiated the pursuit of the employment of Dusenberry as the General Manager of Public Utilities, subject to approval of an at-will employment agreement and successful completion of the pre- employment process. E. The City Council of the City of Vernon desires to appoint Dusenberry to serve as the General Manager of Public Utilities, effective December 20, 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct. SECTION 3. The City Council hereby appoints Todd W. Dusenberry to serve as the General Manager of Public Utilities, effective December 20, 2022. SECTION 4. The City Council hereby approves and authorizes the execution of the At-Will Employment Agreement with Todd W. Dusenberry to serve as General Manager of Public Utilities, in substantially the same form as attached hereto as Exhibit B. SECTION 5. The City Clerk, or any authorized officer, shall administer the Oath of Office prescribed in the Constitution of the State of California to Dusenberry and shall have him subscribe to it and file it with the Human Resources Department.           Resolution No. 2022-45 Page 2 of 13 _______________________ SECTION 6. The City Council of the City of Vernon hereby directs the City Clerk, or designee, to give a fully executed Agreement to Dusenberry. SECTION 7. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED December 20, 2022. ________________________ LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2022-45 was passed and adopted by the City Council of the City of Vernon at the Regular meeting on December 20, 2022 by the following vote: AYES: 4 Council Members: Merlo, Ybarra, Larios, Lopez NOES: 0 ABSENT: 0 ABSTAIN: 0 ________________________________ LISA POPE, City Clerk (seal)           Invites your interest for the position of GENERAL MANAGER OF PUBLIC UTILITIES CITY OF VERNON THE COMMUNITY The City of Vernon is an industrial city of 5.2 square miles located about five miles southeast of downtown Los Angeles. Founded in 1905 as the first exclusively industrial city in the Southwestern United States, Vernon remains largely industrial with an approximate residential population of 250. THE ORGANIZATION The five members of the Vernon City Council are elected at large, on a non-partisan basis, for five year staggered terms and, as a result of 2011 Charter amendments, no person may serve more than two full terms of office. The Mayor is selected by the Council. The City’s total budget for FY 2022-23 is a little over $318 million (the General Fund budget is approximately $83 million) with approximately 233 employees. Vernon continues on the path towards creating greater accountability and transparency with the goal to create a model government. THE PUBLIC UTILITIES DEPARTMENT The City of Vernon Public Utilities Department (VPU) serves as an essential resource to the City’s residents and business community, providing dependable, high-quality utility services at a significant cost savings compared to neighboring utility providers. The Public Utilities Department is a multiple award- winning utility, including the Diamond Level RP3 designation from the American Public Power Association, as well as recipient of the Safety Management Excellence Award from the American Public Gas Association. VPU is also uniquely positioned in the state of California, in that it is one of only two utilities in California that provides electricity, natural gas, water and fiber optic services. VPU is the only public utility in the state with a high-pressure natural gas transmission pipeline and is the 14th largest public gas system by volume in the US. VPU owns and operates a 138-megawatt natural gas-fired, combined- cycle power plant that provides local reliability in addition to vital in-basin generation. Additional VPU Department statistics: • Natural Gas volume: 8,580,801 MCF to 125 industrial customers. • Water volume: 7,000 AFY to 1,000 customers. • Electric service peak load: 193 MW to 2,000 customers. • VPU enterprise fund budgets total an estimated $235 million. • The Department is staffed with 83.5 full-time equivalent positions. VPU is working toward the goals of providing the lowest utility rates in California by 2030 and actively developing financial strategies to economically respond to electric and natural gas load growth, to continue to give Vernon businesses a competitive advantage while fostering responsiveness, sustainability, and the highest standards for reliability to the benefit of residents and businesses alike. The City of Vernon offers a challenging opportunity to a highly knowledgeable and experienced manager to lead the City of Vernon’s Public Utilities (VPU) Department. If you are interested in this unique and rewarding opportunity, please apply online at www.cityofvernon.org no later than Sunday, October 2, 2022. &YIJCJU"Resolution No. 2022-45 Page 3 of 13 ________________________           THE POSITION Under administrative direction, the General Manager provides leadership and direction over the activities of the City’s Public Utilities Department. The General Manager of Public Utilities plans, directs, and coordinates through subordinate staff, the Department’s work plan; assigns projects and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. The General Manager also determines the overall Departmental organizational structure, mission, core services and allocation of financial, human, and capital resources; develops and administers annual capital and operating budgets; and serves as a technical advisor to the City Administrator and the City Council regarding the City’s public utilities. A complete description of the duties and responsibilities of this position can be found on the City’s website. THE IDEAL CANDIDATE The ideal candidate is someone who has the ability to lead others in carrying out the mission, vision, and goals of the City and the Public Utilities Department. They must possess the organizational and time management skills to manage multiple divisions and responsibilities. The ideal candidate should be an experienced leader with extensive knowledge in the electric field of Public Utilities. They must have excellent listening and communication skills to build professional and collaborative working relationships. They must be decisive and be able to clearly communicate their decisions and vision to others. Required Training, Education and Experience Bachelor’s Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of utility operations experience, including five years of supervisory or management experience. Supervisory/management experience in Public Utilities electric field is highly desirable. License and Certification Requirements A valid California State Driver’s License is required. A valid State of California Grade II Water Distribution License is desirable. COMPENSATION The monthly salary range for this position is $21,159 - $25,719. Salary placement within the established salary range depends upon qualifications. A comprehensive benefits package is also available. The City has a 4/10 work schedule. HOW TO APPLY For an opportunity to work for an outstanding, dynamic, and progressive City committed to establishing itself as a model for good governance, please visit our website at www.cityofvernon.org and apply online. The City of Vernon is an Equal Opportunity Employer. Required Application Materials Include: A resume and completed City of Vernon online application. Filing Deadline: Application materials must be submitted online no later than 11:59 p.m., Sunday, October 2, 2022. If you have any questions, please contact Michael Earl, Director of Human Resources at (323) 583-8811 ext. 239 or via email at mearl@cityofvernon.org. Resolution No. 2022-45 Page 4 of 13 ________________________           December 2022 AT-WILL EMPLOYMENT AGREEMENT (NON-SAFETY) BETWEEN THE CITY OF VERNON AND TODD W. DUSENBERRY This Agreement is between the City of Vernon (City) and Todd W. Dusenberry (Employee). Recitals City desires to employ Employee as an at-will employee in the position of General Manager of Public Utilities. Employee desires to be the General Manager of Public Utilities and acknowledges that such employment is at-will. The City Administrator, pursuant to the authority granted by the City of Vernon Charter and City Council, agrees to hire Employee, as an at-will employee, subject to the terms and conditions identified below. AGREEMENT Section 1:TERM The effective date of this Agreement shall be December 20, 2022. Either party may terminate this Agreement pursuant to the provisions set forth below. Employee is an at-will employee and may be terminated, with or without cause, upon thirty (30) days written notice. Employee may resign with thirty (30) days advance notice as set forth in Section 8 below. Section 2:DUTIES A. City engages Employee as the General Manager of Public Utilities to perform the functions and duties specified in the job description for the position (Attachment “A”, incorporated herein by this reference), as the same may be modified by the City Administrator, from time to time, and to perform such other legally permissible and proper duties and functions as the City Administrator shall, from time to time, assign. B. Employee agrees that to the best of his ability and experience that he will at all times conscientiously perform the duties and obligations required, either express or implied, by the terms of this Agreement, the ordinances, resolutions and adopted policies of the City of Vernon and the laws and regulations of the State of California and the United States. C. As a public employee, Employee is required to work a full and complete work week pursuant to the established work schedule as determined by the City Administrator, and devote whatever time is necessary to fulfill the employment responsibilities and duties as identified in this Agreement. D. During the term of this Agreement, Employee is required to have and maintain a valid California Driver’s license. E. Employee acknowledges that in connection with the performance of his duties, he will obtain information from City employees and third parties that is of a confidential nature. Employee agrees that he will not disclose such confidential information other than to officers &YIJCJU# Resolution No. 2022-45 Page 5 of 13 ________________________           -2- December 2022 and employees of the City who have been authorized to have access to such information. Employee further agrees that if he has a question as to the confidentiality of information obtained in the course of his employment, he will contact the City Attorney for advice. Section 3:EXCLUSIVE EMPLOYMENT Employee agrees to focus his professional time, ability and attention to City business during the term of this Agreement. Consequently, Employee agrees not to engage in any other business pursuits, whatsoever, directly or indirectly, render any services of a business, commercial, or professional nature to any other person or organization, for compensation, without the prior written consent of the City Administrator. This does not preclude Employee from volunteering his services to other entities or individuals as long as such volunteer services are not in conflict with the services to be provided by Employee under this Agreement. Section 4:COMPENSATION As compensation for the services to be rendered by Employee, City agrees to pay Employee a base starting salary of no less than $266,606, per year, payable in twenty-six (26) biweekly installments at the same time as other employees of the City are paid and subject to customary withholding. Salary adjustments (merit increases), if any, in Employee’s salary during the term of this Agreement shall be at the sole discretion of the City Administrator based upon the City Administrator’s evaluation of Employee’s job performance and within the base salary range established by the City Council or as otherwise approved by the City Council. Any and all adjustments shall be in accordance with City personnel policies and procedures. Employee’s salary shall be reflected in the City’s publicly available salary schedule. Section 5: BENEFITS A.Retirement As an employee of the City of Vernon, Employee will be enrolled in the California Public Employees Retirement System (PERS) retirement plan, as such plan may be amended by the City Council. As of the date of this employment agreement, such plan includes the 2.7% at 55 benefit formula for “classic” miscellaneous employees or the 2.0% at 62 benefit formula for “new” miscellaneous employees. The Employee pays for the employee contribution to PERS. B.Other Executive Management Benefits Employee shall receive all benefits specified by the then current Resolutions of the City Council of Vernon for Executive Management Staff, including, without limitation, those related to Vacation, Administrative Leave, Holidays, Sick Leave, Medical and Dental Insurance, Life Insurance, Flexible Benefits Plans, Vision Care, Other Leaves, and Deferred Compensation, and other types of leave in accordance with the Personnel Policies and Procedures Manual. Section 6: TERMINATION AND SEVERANCE PAY A. Employee is an at-will employee and serves at the will and pleasure of the City Administrator and may be terminated at any time, without cause, subject to the conditions of paragraphs B and C of this section. B. In the event that Employee is terminated by the City Administrator for reasons other than physical or mental incapacity, and other than those reasons noted in paragraph Resolution No. 2022-45 Page 6 of 13 ________________________           - 3 - December 2022 E, below, the City agrees to pay the employee a severance amount equal to six (6) months of base salary. C. To be eligible for severance pay, as identified in paragraph B, of this section, Employee shall fulfill all of his obligations under this Agreement and shall sign a severance agreement and release of all claims against the City. D. All severance payments shall be paid within thirty (30) calendar days of the date Employee executes the severance agreement and release of claims against the City. E. Notwithstanding paragraphs A, B and C, above, if Employee resigns or retires, or is terminated due to insubordination, incapacity, dereliction of duty, violation of the City’s Alcohol and Drug-Free Workplace Policy III-1, conviction of a crime involving moral turpitude or involving personal gain to him/her or abuse of his office or position or any felony or for a breach of this Agreement, City shall have no obligation to pay any severance provided in this section. Furthermore, Employee agrees that any severance provided shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. F. Upon termination, Employee shall be paid for all earned, but unused, vacation time. Section 7: ABUSE OF OFFICE OR POSITION If Employee is paid leave salary during a pending investigation, any salary provided for that purpose shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. If Employee is provided funds for any legal criminal defense during his employment with the City, any funds provided for that purpose shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position. If this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his office or position. Section 8: RESIGNATION / RETIREMENT Employee may resign at any time. Employee may retire, provided he is eligible for retirement, at any time. Employee agrees to provide thirty (30) calendar days advance written notice of the effective date of his resignation or retirement. In the event Employee retires or resigns, Employee shall be entitled to payment for earned, but unused, vacation time, but not to severance pay as delineated in Section 6, paragraph B, above. Section 9: DISABILITY If Employee is permanently disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) calendar days beyond any earned sick leave, City shall have the option to terminate this Agreement; however, the City’s option to terminate under this Section shall be limited by its obligation to engage in the interactive process for reasonable accommodations and to provide reasonable accommodations as required by law. Nothing in this Section shall be construed to limit or restrict Employee’s benefits or rights under workers’ compensation or the Public Employees Retirement System (PERS). Resolution No. 2022-45 Page 7 of 13 ________________________           - 4 - December 2022 However, an employee terminated under this section is not eligible for severance pay, as delineated in Section 6 of this Agreement. In cases of disability, Employee shall be compensated for any earned, but unused, vacation leave. Section 10: GENERAL PROVISIONS A.Notice Any notices required by this Agreement shall be in writing and either delivered in person or by first class, certified, return receipt requested US Mail with postage prepaid. Such notice shall be addressed as follows: TO CITY: City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TO EMPLOYEE: Todd W. Dusenberry [Deliver to last updated address in personnel file] B Entire Agreement The text of this Agreement shall constitute the entire and exclusive agreement between the parties. All prior oral or written communications understanding or agreements between the parties, not set forth herein, shall be superseded in total by this Agreement. No Amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Administrator and approved as to form by the City Attorney. C Assignment This Agreement is not assignable by either the City or Employee. D Severability In the event that any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portions of this Agreement. E.Effect of Waiver The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times. Resolution No. 2022-45 Page 8 of 13 ________________________           - 5 - December 2022 F.Jurisdiction Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Los Angeles County, California. Employee expressly waives any right to remove any such action from Los Angeles County. G.Effective Date This Agreement shall take effect on December 20, 2022. [Signatures Begin on Next Page]. Resolution No. 2022-45 Page 9 of 13 ________________________           -6- December 2022 IN WITNESS WHEREOF, the City of Vernon has caused this Agreement to be signed and executed on its behalf by its City Administrator and executed by the Employee. City of Vernon, a California charter City and California municipal corporation Dated: By: Carlos R. Fandino Jr., City Administrator ATTEST: Lisa Pope, City Clerk Approved as to form: Zaynah N. Moussa, City Attorney Resolution No. 2022-45 Page 10 of 13 ________________________           -7- December 2022 In signing this Agreement, Employee understands and agrees that his employment status is that of an at-will employee and that his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City of Vernon which might otherwise apply to employees of the City. Employee further acknowledges that he was given the opportunity to consult with an attorney prior to signing this Agreement. Signed: Dated: Employee Resolution No. 2022-45 Page 11 of 13 ________________________           General Manager of Public Utilities Vernon CA 1 of 2 JOB DESCRIPTION General Manager of Public Utilities Date Prepared: Date Revised: March 2014 April 2017 Class Code: 8008 SUMMARY: Under administrative direction, provides leadership and direction over the activities of the City’s Public Utilities Department. ESSENTIAL FUNCTIONS:--Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class; employees may be assigned duties which are not listed below; reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following: x Plans, directs, and coordinates through subordinate staff the Department’s work plan; assigns projects and program areas of responsibility; reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems. x Determines the overall Departmental organizational structure, mission, core services and allocation of financial, human, and capital resources; develops and administers annual capital and operating budgets. x Serves as a technical advisor to the City Administrator and the City Council regarding the City’s public utilities. x Plans, organizes, directs and reviews all water, electrical, gas, and fiber optics utility operations. x Develops and manages short-and long-term Department goals, objectives, policies, and procedures. x Supervises subordinate staff; sets work priorities; creates work schedules; provides training; conducts performance evaluations; rewards and/or disciplines employees. x Develops and administers annual operating and capital budgets; monitors budget, revenue, and expenditure trends; measures and evaluates organizational effectiveness. x Coordinates utility engineering projects with City Engineer including planning, directing and reviewing the design, construction, and maintenance of water, electric, gas, and fiber optics utility systems. x Develops overall policies, financial resources, and facility plans for water, electric, gas, and fiber optics utilities in conjunction with key staff and consultants. x Conducts resource planning with other agencies and businesses requiring negotiations involving complex terms and conditions for integrated power resources and for participation in joint ownership of transmission and generation facilities. x Plans, directs, and reviews the design, construction, operation and maintenance of the City’s water systems, including wells, reservoirs, and pipelines. x Directs the preparation of technical and administrative reports; presents reports and recommendations to the City Administrator, City Council, Boards and Commissions. x Coordinates with consultants and other agencies on regulatory and legislative matters affecting municipal water services, power resources, gas operations, and fiber optic utilities. x Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; monitors and evaluates work load, technical support systems, internal reporting relationships, and inter- agency issues; identifies opportunities for improvement, and develops recommendations. x Supports the relationship between the City of Vernon and the general public by demonstrating courteous and cooperative behavior when interacting with visitors and City staff; maintains confidentiality of work- related issues and City information; performs other duties as required or assigned. $77$&+0(17$ Resolution No. 2022-45 Page 12 of 13 ________________________           General Manager of Public Utilities Vernon CA 2 of 2 MINIMUM QUALIFICATIONS: Education, Training and Experience Guidelines: Bachelor’s Degree in Business, Civil or Electrical Engineering or a closely related field; AND ten years of utility operations experience, including five years of supervisory or management experience. Knowledge of: x Applicable regulatory codes and laws regarding the development, construction and operation of public utilities. x City organization, operations, policies, and procedures. x Customer service standards and protocols. x General Orders (CPUC) rules for construction and maintenance of overhead and underground electric supply and communications systems. x Methods, materials, techniques and equipment used in construction, operations, inspection, design and maintenance of water, gas, electric, and fiber optic utilities. x Occupational hazards and standard safety procedures. x Principles and practices for operating public electric, water, and gas utilities. x Principles and practices of water resource management. x Principles and practices of administrative management. x Principles and practices of contract administration and project management. x Principles and practices of effective employee supervision. x Principles and practices of public finance. x Principles and practices of regulatory management. x Principles and practices of strategic planning. x Principles and practices of water resource management. Skill in: x Building effective teams and providing efficient customer services. x Communicating effectively verbally and in writing. x Dealing tactfully and courteously with the public. x Defining problems, establishing facts, and drawing valid conclusions. x Directing the work of subordinate staff. x Establishing and maintaining cooperative working relationships with City Administrator, City Council, managers, supervisors, staff, contractors, suppliers, developers, businesses, external public agencies and the general public. x Formulating and presenting policy recommendations. x Interpreting and applying City, state and federal policies, laws and regulations. x Investigating, analyzing and resolving complex and sensitive issues and complaints. x Making appropriate decisions while ensuring compliance with City goals and objectives. x Managing situations requiring diplomacy, fairness, firmness and sound judgment. x Operating a personal computer and various software applications. x Understanding and negotiating complex technical agreements with other agencies. x Using initiative and independent judgment within established procedural guidelines. LICENSE AND CERTIFICATION REQUIREMENTS: A valid California State Driver’s License is required. A valid State of California Grade II Water Distribution License is desirable. Additional training/certification may be required. PHYSICAL DEMANDS AND WORKING ENVIRONMENT: Work is performed in a standard office environment; may involve occasional exposure to high voltage switches and inclement weather. Resolution No. 2022-45 Page 13 of 13 ________________________           City Council Agenda Item Report Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: December 20, 2022 SUBJECT Appointment of Todd W. Dusenberry as General Manager of Public Utilities Recommendation: Adopt Resolution No. 2022-45 appointing Todd W. Dusenberry to serve as General Manager of Public Utilities of the City of Vernon and approving and authorizing the execution of a related at-will employment agreement. Background: Following the retirement announcement of the former General Manager of Public Utilities, the City's Human Resources Department initiated an open recruitment to fill this critical executive leadership position. The recruitment period to fill this vacancy began August 30, 2022 and ran through October 2, 2022. The City received thirty-seven applications and resumes. Following an in depth review of the applications submitted, seven candidates were determined to be the most highly qualified and were invited to participate in an interview process which was conducted on November 28, 2022. Two final candidates were recommended by the external panel for final consideration. Final interviews with the City Council were conducted on December 6, 2022. The City Administrator has recommended the appointment of Todd W. Dusenberry to serve as General Manager of Public Utilities for the City of Vernon. CANDIDATE BACKGROUND Todd Dusenberry has fifteen years of public utilities experience with the City of Vernon. He began his career as a Systems Coordinator in the Vernon Light & Power Department in March, 2007. He went on to hold the positions of Systems Supervisor, Utilities Operations Manager, Utilities Compliance Officer, Utilities Compliance Manager, Assistant General Manager, and since June 2022, Acting General Manager. Mr. Dusenberry holds a Bachelor's Degree in Communication Studies from the University of California, Los Angeles. Mr. Dusenberry is to be appointed at step 2 ($22,217 per month) of the established salary range for the position as listed on the City's publicly available salary schedule and will receive benefits consistent with other executive management classifications as set forth in the City's Fringe Benefits Policy. Fiscal Impact: The estimated annual cost for the General Manager of Public Utilities is approximately $301,131 including salary and benefits ($266,606 base salary and $34,525 in benefit costs). Sufficient funds for the appointment of the General Manager of Public Utilities and approval of an At-Will Employment Agreement are available in the Public Utilities Department Fiscal Year 2022-2023 budget. 1 Attachments: 1. Resolution No. 2022-45 2